Excerpt(s) from the third edition (1914)

---   p. 49   ---


Rule of military occupation in Cuba

The relation of the United States to Cuba, resulting from the war of 1898, came up for review before the Supreme Court. An American who in Cuba was charged with crime had been arrested within one of the States of the Union, and it was held that he was subject to extradition. The court remarked that, as between the United States and all foreign nations, the former held Cuba as conquered territory; as between the United States and Cuba, the latter was held by military power in trust for the Cuban people, to be delivered over on the establishment of a stable government It was a military occupation.

The military governor organized the civil government under four departments; afterwards a supreme court was established; a postal code was published; the jurisdiction of the criminal courts defined. It was, the court concluded, wholly for the political department of the Government to decide when our troops should be withdrawn from Cuba.




Also see --
Military Jurisdiction under the US Constitution




REFERENCE
Military Government and Martial Law

by William E. Birkhimer
Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)

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